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Terms and Conditions of Use

Terms & Conditions: FlexibleHelp.com User Agreement 1. Introduction. Welcome to the user agreement (hereinafter referred to as the "Agreement" or "User Agreement") for FlexibleHelp.com, which is a website owned by FlexibleHelp.com, LLC, a Florida limited liability company (hereinafter referred to as "FlexibleHelp"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access FlexibleHelp's services (hereinafter referred to as "Services") or website (hereinafter referred to as "the Site" or "FlexibleHelp.com"). 2. Binding Nature. You must read, agree to, and accept all of the terms and conditions contained in this User Agreement and our Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use the Site or become a member of FlexibleHelp.com. We strongly recommend that, as you read this User Agreement, you also access and read the information referred to in this document, as it may contain further terms and conditions that apply to you as a FlexibleHelp.com user. 3. Change Control. FlexibleHelp reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of the Site and the Services following FlexibleHelp's posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or the Site. 4. Eligibility. Our Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended FlexibleHelp.com members. Competitors are not authorized to access or use the Site without express, written permission from us in advance of such access. If you do not qualify, please do not use the Site. Further, your FlexibleHelp.com account User ID and password may not be transferred, loaned, given or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. 5. Services. FlexibleHelp.com connects personal assistants and employers. Personal assistants can submit their listings to the Site, and employers can search for personal assistants based on factors such as location, rate, and type of work. FlexibleHelp.com reserves the right to update and modify the Services from time to time. 6. Account Holder's Responsibilities. As a FlexibleHelp.com user, you are obligated to read this Agreement before you sign-up or provide any information via the Site. You agree to read and be bound to the terms of this Agreement. FlexibleHelp does not offer legal or financial advice concerning the Services offered via the Site. Nothing in this Agreement is to be interpreted as legal advice or guidance. By creating an account, you certify that all information you provide when registering your account is true and accurate. We may, at our sole discretion, require additional information or forms of identification and may use these to determine any limitations that may be placed on your use of the Site. You are responsible for all statements made and acts that occur through the use of your user name and account. Do not disclose your password to others. If your password is exposed, lost, or stolen, change it immediately. 7. Subscription Fees and Mandatory Background Check. There is a annual subscription fee to be able to Hire on the Site. Before Hiring or accepting a request to be Hired you agree to pay a fee for a mandatory background check conducted by FlexibleHelp which is processed by www.backgroundchecks.com. Payment for the mandatory background check may be by credit card online at the Site, or by any other method approved by FlexibleHelp. In the event a person fails the background check their account will become inactive. You dispute any criminal claims with www.backgroundchecks.com before FlexibleHelp can reactivate their account. Fees are non-refundable, unless expressly provided otherwise on the Site or in this Agreement. If for any reason FlexibleHelp is unable to charge your credit card with the full amount of the fees, or if FlexibleHelp is charged back for any fee previously charged to your credit card, you agree that FlexibleHelp may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account. 8. Optional Fees. You may purchase optional features for your account, which may include recurring fees. Payment for these optional features may be by credit card online at the Site, or by any other method approved by FlexibleHelp. Fees are non-refundable, unless expressly provided otherwise on the Site or in this Agreement. If for any reason FlexibleHelp is unable to charge your credit card with the full amount of the fees, or if FlexibleHelp is charged back for any fee previously charged to your credit card, you agree that FlexibleHelp may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account. 9. Restricted Activities. Your information and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may not consummate any transaction on the Site, or that was initiated using our Services, that could cause us to violate any applicable law, statute, ordinance or regulation. 10. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display the Site content without the prior expressed written permission of FlexibleHelp and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site. 11. Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our Services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. We can also terminate this Agreement at any time, with or without cause. 12. Privacy. We only use your information as described in our Privacy Policy. Our current Privacy Policy is available at http://flexiblehelp.com/privacy. FlexibleHelp.com may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. You agree not to use any information regarding other members that is accessible on the Site, disclosed to you by other members, or disclosed to you by FlexibleHelp except to enter into and complete FlexibleHelp.com transactions. You agree not to use any such information for purposes of solicitation, advertisement, initiation of unsolicited e-mail or spam, harassment, invasion of privacy, or otherwise objectionable conduct. 13. Parental Control Protections. In accordance with 47 U.S.C.S. § 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) commercially available, which can assist them in limiting access to material that is harmful to minors. Examples of some of these protection services include Cybersitter (www.solidoak.com) and Net Nanny (www.netnanny.com). Please note that FlexibleHelp in no way endorses or is responsible for these services. 14. Intellectual Property. The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws. 15. DMCA Policy. FlexibleHelp takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement by removing from the Site any infringing material when a DMCA compliant notice is provided to us. 16. DMCA Notice. In accordance with the Digital Millennium Copyright Act ("DMCA"), FlexibleHelp has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below: Brandon Burkey 1661 Sandspur Rd. Maitland, FL 32751 Brandon@flexiblehelp.com The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information: - A description of the copyrighted work claimed to have been infringed; - A description of the infringing material and information reasonably sufficient to permit FlexibleHelp to locate the material; - Your contact information, including your mailing address, telephone number, and email address; - A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; - A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and - A physical or electronic signature of the copyright owner or the person authorized to act on its behalf. 17. National Do Not Call Registry. Please be advised that if you complete a contact form on the Site, you have expressly agreed to be contacted via telephone by FlexibleHelp, regardless of whether you are listed on the National Do Not Call Registry. 18. Fax Policy. Please be advised that if you provide us with a fax number, you have expressly granted us the right to contact you via fax. 19. Results May Vary. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR SERVICES. EXAMPLES AND TESTIMONIALS ON THE SITE ARE NOT TO BE INTERPRETED AS PROMISES OR GUARANTEES OF RESULTS. RESULTS WILL VARY PER PERSON. Your level of success in attaining the results claimed in our materials depends on a number of factors. THESE FACTORS VARY ACCORDING TO INDIVIDUALS, AND THEREFORE, FLEXIBLEHELP CANNOT GUARANTEE YOUR RESULTS. 20. No Warranty. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF FLEXIBLEHELP. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLEXIBLEHELP DISCLAIMS ANY AND ALL SUCH WARRANTIES. 21. General Release. IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE FLEXIBLEHELP, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY FLEXIBLEHELP. 22. Limitation of Liability. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE SITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. 23. Indemnity. You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your violation of any law or the rights of a third party, or any claim or demand alleging such breach or violation. 24. Specific Enforcement. You acknowledge that FlexibleHelp will be irreparably injured if the provisions of this Agreement are not specifically enforced. If you commit or, in the reasonable belief of FlexibleHelp, threaten to commit a breach of any of the provisions of this Agreement, FlexibleHelp and each of its subsidiaries shall have the right and remedy, in addition to any other remedy that may be available at law or in equity, to have the provisions of this Agreement specifically enforced by any court having equity jurisdiction, together with an accounting for any benefit or gain by you in connection with any such breach, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to FlexibleHelp and its subsidiaries, and that money damages will not provide an adequate remedy therefore. Such injunction shall be available without the posting of any bond or other security, and you hereby consent to the issuance of such injunction. If this Agreement is breached by you, FlexibleHelp will be entitled to recover its legal fees and costs incurred in the enforcement of this Agreement. 25. Licenses. FlexibleHelp grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site. 26. General Provisions. This is the entire Agreement governing the use of the FlexibleHelp.com Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of Florida, without regard to that state's conflict of laws provisions. By using the Site, you expressly consent to the exclusive personal jurisdiction and venue for any claim relating to or arising out of this Agreement or your use of the Site or Services in the state and federal courts in or around Maitland, Florida. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of FlexibleHelp in accordance with applicable law and the remainder of the Agreement shall remain in full force. The parties to this Agreement are independent contractors, and an agency, joint venture, partnership, fiduciary relationship, or any other relationship other than in the nature of independent contractor, shall not arise from this Agreement, and neither party has the right or authority to act for, or on behalf of, the other party. Headings are for the convenience of reference only and do not alter the rights and obligations of the parties. Neither party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, or acts or omissions of vendors or suppliers beyond the control of the parties. Provisions of this Agreement that are intended to survive this Agreement shall survive. 27. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to FlexibleHelp.com, LLC, 1661 Sandspur Rd., Maitland, FL 32751 (in the case of FlexibleHelp), or to the email address you provide to FlexibleHelp during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

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Accept Terms & Conditions of Use